Madhya Pradesh High Court
Shaikh Mukhtiyar vs The Stae Of M.P. on 4 August, 2021
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 MCRC-32765-2021
The High Court Of Madhya Pradesh
MCRC-32765-2021
(SHAIKH MUKHTIYAR Vs THE STAE OF M.P.)
3
Indore, Dated : 04-08-2021
Shri Palash Choudhary, learned counsel for the applicant.
Ms. H.Soni, learned counsel for the State.
Arguments heard through Video Conferencing.
ORDER
This is first application filed by the applicant under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.580/2019 registered at Police Station Vijay Nagar, Indore for the offence punishable under Sections 420, 467, 468 and 120-B of IPC and the applicant is in custody since 18.08.2019.
Learned counsel for applicant seeks bail on the ground that other co- accused Amitabh and Raees Khan have been granted bail by this Court and case of the present applicant is similar to them.
These two bail orders were perused.
The case relates to forgery and cheating by the applicant and other co-
accused persons in respect of plot No.G-4 situated in Survey No.660 and 664/2, Radhikakunj, Khajrana, Indore. The complainant had lodged an FIR submitting that he is owner of the aforesaid plot. He found that there was encroachment and his land has wrongfully been occupied by the applicant.
This Court while considering the aforesaid objection of the complainant in earlier orders in respect of Amitabh and Raees has found that complainant has not produced any document that he is registered owner of the land whereas Amitabh was infact registered owner of the aforesaid land and there was mutation in favour of Amitabh and subsequently land was sold to Raees, brother of the applicant and he came to acquire the aforesaid land. Thus Amitabh has been able to show better source of ownership as Signature Not VerifiedDigitally signed by SAN SMT MUKTA compared to the complainant Akram Khan.
KOUSHAL Date: 2021.08.05 10:46:22 IST 2 MCRC-32765-2021 Learned counsel for State opposed the application by submitting that there are 28 criminal antecedents against the applicant.
Considered.
Although there may be criminal antecedents against the applicant but each case has to be looked into while considering the bail application. In view of the submissions mainly those made by learned counsel for the applicant, a case is made out for grant of bail to the present applicant. Accordingly, the bail application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one local solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during the trial.
However, it is made clear that after being so released the applicant shall not indulge in any likewise activities and shall not threat or put any of the witness under duress. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.
M.Cr.C. stands disposed of.
Let a copy of this order be sent to the Court concerned for compliance.
Certified copy, as per Rules.
(SHAILENDRA SHUKLA)
JUDGE
MK
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SMT MUKTA
KOUSHAL
Date: 2021.08.05
10:46:22 IST